MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            24 January 2002                  
	DOCKET NUMBER:   AR2001061898

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Richard T. Dunbar		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with a separation date of 2 April 1999, to show his rank as staff sergeant (SSG) and his pay grade as E-6.

APPLICANT STATES:  That he was promoted to the rank and pay grade of SSG/E-6 effective 1 March 1997.  He submits a copy of his promotion order in support of his application.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was serving on active duty as an armor crewman in the rank and pay grade of sergeant (SGT)/E-5 when he was promoted to the rank and pay grade of SSG/E-6 effective 1 March 1997.  

On 19 June 1998, he was punished under Article 15, of the Uniform Code of Military Justice, for the offenses of willfully and wrongfully discharging a firearm outside of government quarters and being drunk and disorderly.  The approved punishment included reduction to the pay grade of E-5, a forfeiture of pay which was suspended, and restriction and extra duty, which was also suspended.

Effective 2 April 1999, the applicant was separated from active duty in the rank and pay grade of SGT/E5 for parenthood.  He had 8 years, 1 month, and 11 days creditable service.  There is no evidence of record that the applicant was promoted again to the pay grade of E-6 prior to his separation from active duty.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant was reduced in rank and pay grade to SGT/E-5 prior to his separation from active duty with no evidence of record that he was again promoted to the rank and pay grade of SSG/E-6 prior to his separation.

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_gdp____  _wtm____  _rtd____   DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001061898	
SUFFIX		
RECON		
DATE BOARDED	2001061898	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	129.05	
2.		
3.		
4.		
5.		
6.